The European Commission have put forward a proposal to amend Regulation (EU) 2023/1115, on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation, in order to delay its application by 12 months.
Regulation (EU) 2023/1115, lays down rules regarding the placing and making available on the Union market as well as the export from the Union of relevant products, listed in the Full Text of Annex 1 to that Regulation, that contain, have been fed with or have been made using relevant commodities, namely cattle, cocoa, coffee, oil palm, rubber, soya and wood, with a view to:
As part of this companies will have to carry out extensive supply-chain due diligence before a product is placed on the market in the EU or exported from the EU.
Operators and traders who make available on the market or export relevant products must exercise due diligence in order to prove that the relevant products comply with the requirements of Regulation (EU) 2023/1115. Operators are responsible for a thorough examination and analysis of their own business activities, which primarily requires the collection of data that are relevant to the Regulation, and appropriate documentation supporting them, from each supplier.
Most of the provisions of Regulation (EU) 2023/1115 are currently set to apply from 30 December 2024, except to micro and small-undertakings, where requirements were due to begin on 30 June 2025.
There has been mounting pressure from industry, Member States and third countries over the past few months, over the lack of clarity regarding the practical implementation of the Regulation. With concerns being raised that many are not prepared for the implementation of the new rules.
Due to these concerns the Commission have decided to take action and have proposed a 12 month delay in the application of the Regulation. They believe that such a delay would allow for Member States, exporting partner countries, operators and traders to be better prepared and fully establish the necessary due diligence systems covering all relevant commodities and products. It would also allow time for further engagement with third countries, where relevant, several of which have expressed concerns related to the too short implementation time - like the United States.
If the proposal becomes law, this will mean the provisions of Regulation (EU) 2023/1115 would apply instead on:
The Commission are hoping that the European Parliament and Council will adopt this proposal into law by the end of 2024.
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